The grounds of Appeal
16. On our reading there are 5 written grounds of appeal. There can, we think, fairly be summarised in this way:Ground 1 - The local authority’s objection had been based on “environmental grounds” and, therefore, the TC had erred in refusing it on non-environmental grounds. Ground 2 - The local authority’s objection did not comply with procedural requirements and was not valid.Ground 3 - The TC had misunderstood “the facts of the case”. That is to say, the TC had failed to appreciate that planning permission was not required for the relevant land to be used as an Operating Centre because the activities which would be carried on under the licence were already authorised by the Certificate. Ground 4 - The TC had given inadequate reasons for his decision to refuse a licence.Ground 5 - The TC had been biased.
- DECISION OF THE UPPER TRIBUNAL
- Subject matter:
- Cases referred to:
- Introduction
- The Background Circumstances
- The Law
- The TC’s decision and reasoning
- The grounds of Appeal
- The Hearing
- The Upper Tribunal’s Approach
- Our analysis of the Grounds of Appeal
- Objections to, and representations against, issue of operator’s licences.
- Decision